Nelson v. State

My notes reflect that on July 17, 1985, at least four members of this Court voted to grant the petition for discretionary review that was filed on behalf of Thomas Joseph Nelson, henceforth appellant, solely to resolve the apparent conflict between this Court’s decisions of Chavez v. State, 508 S.W.2d 384 (Tex.Cr.App.1974), and Brumfield v. State, 445 S.W.2d 732 (Tex.Cr.App. 1969).

For reasons that I will give, I find that there is no conflict between Chavez, supra, and Brumfield, supra, and that the “spirit” of Brumfield, supra, mandates that this Court reverse the judgments of the court of…